Subsidiary Legislation · As enacted · 12 chapters
Prevention of Pollution of the Sea (Oil) Regulations, 2008
Official textFrom Attorney General's Chambers, unchanged
s 1Regulation
Citation.
PREVENTION OF POLLUTION OF THE SEA (OILJ
REGULATIONS, 2008
s 1These Regulations may be cited as the Prevention of Pollution of the Sea
(Oil) Regulations, 2008.
Interpretation.
s 2In these Regulations, unless the context otherwise requires -
"Annex I" means Annex I to the Convention which contains regulations for the prevention of pollution by oil and which is set out in the First Schedule;
"authorised organisation" means an organisation authorised by regulations made under section 31 for the purposes of surveying ships and issuing certificates under that Order;
"BOPP Certificate" means a Brunei Oil Pollution Prevention Certificate issued by the Director or an authorised organisation under regulation 8;
"Contracting Party" means any State Party to the Convention;
"IOPP Certificate" means an International Oil Pollution Prevention
Certificate issued under regulation 7 of Annex I by the Administration of any
Contracting Party to the Convention;
"Organisation" means the International Maritime Organisation.
Application.
Annex I, with the exception of regulation 38 thereof, shall, subject to these Regulations, have the force of law in Brunei Darussalam.
[2)
A provision of Annex I interpreted or explained by a provision of these
Regulations shall be read as having the same meaning attributed by that provision.
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For the purposes of regulation 2(1) of Annex I, the reference to "all ships" in that regulation shall be read as a reference to-
{a}
Brunei Darussalam ships; and
(bJ other ships while they are in Brunei Darussalam waters, and these Regulations shall apply to such ships.
Exemptions.
s 4
The Director may grant exemptions from all or any of these Regulations including Annex I (as may be specified in the exemption) for classes of cases or individual cases on such terms, if any, as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Administration.
Except where provided in these Regulations, for the purposes of these
Regulations, references to the Administration and to an officer of the
Administration shall be read as references to the Director and a surveyor of ships respectively, and references to a nominated surveyor or recognised organisation shall be read as references to an authorised organisation.
For the purposes of regulation 7(2) of Annex I, references to the
Administration shall be read as references to the Director, and references to persons or organisations duly authorised by the Administration shall be read as references to authorised organisations.
For the purposes of regulations 14(3), 14(5.3.1), 18(5), 18(8.2), 18(8.4),
18(10.1.1), 19(8), 23(3.1), 25(5), 27(3.1), 28(1.3), 28(3.4), 28(4.4), 29(2.1) 29(2.3),
30(6.5.2), 30(7), 31(4), 33, 35(1), 37(1) and 39 of Annex I, references to the
Administration shall be read as references to the Director or an authorised organisation.
For the purposes of these Regulations, references to the authority or authorities shall be read as references to the Authority.
Powers to inspect.
A ship to which these Regulations apply shall be subject, in Brunei
Darussalam waters, to inspection by a surveyor of ships.
Any such inspection shall be limited to verifying that there is on board in relation to that ship a valid IOPP Certificate in the form prescribed by the
Convention or a valid BOPP Certificate unless there are clear grounds for 2657
BRUNEI DARUSSALAM GOVERNMENT GAZETTE believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate.
In that case referred to in sub-regulation (2), or if the ship does not carry a valid IOPP Certificate or BOPP Certificate, the surveyor of ships shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.
[4)
The Director may in such a case permit the ship to proceed to the nearest appropriate repair yard.
Upon receiving evidence that a particular ship has discharged oil or an oily mixture contrary to these Regulations, the Director shall cause the matter to be investigated by an inspector and shall inform the State which has reported the contravention as well as the Organisation of the action taken.
[6)
The Director may also cause a ship other than a Brunei Darussalam ship to be inspected by an inspector when it enters Brunei Darussalam waters if a request for an investigation is received from any Contracting Party together with sufficient evidence that the ship has discharged oil or an oily mixture contrary to the provisions of Annex I in any place.
The report of such investigation may be sent to the State requesting the investigation and the State in which the ship is registered.
Prohibition on proceeding to sea without Certificates.
The master of-
every oil tanker of 150 gross tonnage and above; or
any other ship of 400 gross tonnage and above, shall produce to the Director, at the time a clearance for the ship is demanded for a voyage from Brunei Darussalam to a port or place outside Brunei Darussalam waters, the IOPP Certificate to be in force when the ship proceeds to sea.
A clearance shall not be granted, and the ship may be detained, until the IOPP Certificate is so produced.
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BOPP Certificate.
s 8{1)
The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 6 of Annex I which relates to -
{a} an oil tanker of 150 gross tonnage and above; or
{bJ any other ship of 400 gross tonnage and above, which operates within Brunei Darussalam waters and is not engaged in voyages to ports or offshore terminals under the jurisdiction of other Contracting Parties, issue in relation to that ship a BOPP Certificate in such form as the Director may determine; and the annual survey requirements of regulation 6 of Annex I shall not apply to such ships.
The BOPP Certificate shall be issued in the form set out in Appendix II of Annex I modified in line with this regulation and approved by the Director.
Penalties.
s 9
If any ship fails to comply with any requirement of these Regulations, the owner and the master of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years or both.
Exemption in certain circumstances.
s 10
For the purposes of section 6, the ships exempted from the operation of section 6(1) shall be such ships as are exempted from the prohibition of the discharge into the sea of oil or oily mixtures in accordance with the provisions of
Annex I.
Fees.
s 11
The fees set out in the Second Schedule shall be payable to the Director in respect of the services provided by the Director specified in that Schedule.
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FIRST SCHEDULE regulation 2
ANNEX I OF THE CONVENTION
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Regulation 1.
Definitions.
s 2
Application.
ARRANGEMENT OF REGULATIONS
Chapter 1
Chapter 2
Chapter 3
Part C
Part C-Control of Operational Discharge of Oil
Chapter 4
Part C
Part C-Control of Operational Discharges of Oil
Chapter 5
Chapter 6
Chapter 7
Part I
Part I-Machinery Space Operations
Part I
Part I.
Part II